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Archive: October, 2019

Posts in October, 2019

Reverse Charge Mechanism Under GST on Goods and Services

October 4, 2019 43599 Views 9 comments Print

Article explains What is Reverse Charge, Analysis of provisions stated under Section 9(3) and Section 9(4) of the CGST Act, Journey of Section 9 (4) of the CGST Act from 01-07-2017 to 31-01-2019, Input Tax Credit provisions in regard of Reverse Charge Mechanism, Set Off of Reverse Charge Liability, Time of Supply in the case […]

SC held Insolvency & Bankruptcy Code overrides Tea Act,1953

October 4, 2019 2199 Views 0 comment Print

Insolvency and Bankruptcy Code, 2016 (IBC) proceedings would have an over­riding effect over the Tea Act, 1953 and even without such consent of the Central Government, the insolvency proceedings under Section 7 or Section 9 of the IBC initiated by the operational creditor should be maintainable.

RBI reduces Reverse Repo rate to 4.90 Percent

October 4, 2019 894 Views 0 comment Print

As announced in the Fourth Bi-monthly Monetary Policy Statement, 2019-20, today, it has been decided by the Monetary Policy Committee (MPC) to reduce the policy Repo rate under the Liquidity Adjustment Facility (LAF) by 25 basis points from 5.40 per cent to 5.15 per cent with immediate effect. 2. Consequently, the Reverse Repo rate under the LAF stands adjusted to 4.90 per cent with immediate effect.

Motor Vehicles Act not bars Prosecuting an offenders under IPC: SC

October 4, 2019 22129 Views 0 comment Print

State of Arunachal Pradesh Vs Ramchandra Rabidas @ Ratan Rabidas & Anr. (Supreme Court) A prosecution, if otherwise maintainable, would lie both under the IPC and the MV Act, since both the statutes operate with full vigour, in their own independent spheres. Even assuming that some of the provisions of the MV Act and IPC […]

Transitional credit cannot be denied for mere elapse of time to file revised FORM GST TRAN-1

October 4, 2019 5640 Views 0 comment Print

Jakap Metind Pvt Ltd Vs Union of India (Gujarat High Court) In this case, it is not as if the petitioner has not filed FORM GST TRAN-1 within the time provided by the respondents under the rules. The petitioner had filed the form, but on account of not properly understanding the nature of the columns […]

CBDT circular on MAT: Can it be claimed if Opting For Lower Rate?

October 4, 2019 11730 Views 0 comment Print

CBDT vide Circular 29/2019 dated 2nd October, 2019 has clarified that Companies opting for lower tax rates as per Section 115BAA will have to forego any MAT Credit Entitlement. However such Circulars are binding over Assessing Officers and not on assessees. Thus option to take a different stand is still possible for assessees although chances […]

GST not payable on recovery of 50% Insurance Premium from employees

October 4, 2019 7059 Views 1 comment Print

In re Jotun India Pvt. Ltd (GST AAR Maharashtra) Whether recovery of 50% of Parental Health Insurance Premium from employees amounts to ‘supply of service’ under Section 7 of the Central Goods and Services Tax Act, 2017? AAAR has ruled that. they are not rendering any service of health insurance to their employees and hence, […]

GST on supply, erection, installation, commissioning and testing of UPS system for DMRC

October 4, 2019 30633 Views 1 comment Print

Whether the contract entered into with DMRC for supply, erection, installation, commissioning and testing of UPS system qualifies as a supply of works contract under Section 2(119) of the CGST Act?

GST on fees from MCGM for Operating Citizen Facilitation / Collection Centres

October 4, 2019 4923 Views 0 comment Print

In re M/s. VFS Global Services Private Limited (GST AAR Maharashtra) Whether the work for ‘Operating Citizen Facilitation Centre (CFC) at various Locations of MCGM on per transaction/receipt basis’ involving the aforesaid Scope of Work would be exempt from GST vide Sr. No.3 & 3A of amended Notification No. 12/2017  – Central (Rate) as on […]

No GST on Adoption Fees received from Adoptive Parents by Trust under Adoption Law

October 4, 2019 2394 Views 0 comment Print

Receipt of the Adoption Fees paid under Regulation 46 of the Adoption Regulations, 2017 by the Prospective Adoptive Parents to the Trust is exempted from the levy of Goods and Services Tax.

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